BILL NUMBER: SB 979	CHAPTERED  09/01/99

	CHAPTER   290
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 1999
	APPROVED BY GOVERNOR   AUGUST 31, 1999
	PASSED THE SENATE   AUGUST 24, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999

INTRODUCED BY   Senator McPherson

                        FEBRUARY 26, 1999

   An act to amend Section 114145 of the Health and Safety Code,
relating to food facilities, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 979, McPherson.  Outdoor wood-burning ovens.
   Existing law, the California Uniform Retail Food Facilities Law,
establishes sanitation standards for retail food facilities and
requires the State Department of Health Services and primarily local
agencies to enforce its provisions.  Existing law makes violation of
these provisions a crime.
   Existing law, with certain exceptions, requires each food
establishment to be fully enclosed, with one of these exceptions
being for open-air barbecue facilities that meet specified
requirements.
   This bill would also exempt from the enclosure requirement outdoor
wood-burning ovens that meet food preparation and safety
requirements applicable to open-air barbecue facilities.
   By increasing the enforcement duties of local health agencies,
this bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 114145 of the Health and Safety Code is amended
to read:
   114145.  (a) Each food establishment, except produce stands and
swap meet prepackaged food stands, shall be fully enclosed in a
building consisting of floors, walls, and an overhead structure that
meet the minimum standards prescribed by this chapter.  Food
establishments that are not fully enclosed on all sides and that are
in operation on January 1, 1985, shall not be required to meet the
requirement for a fully enclosed structure pursuant to this section.

   (b) This section shall not be construed to require the enclosure
of any of the following:
   (1) Dining areas.
   (2) Open-air barbecue facilities.
   (3) Outdoor wood-burning ovens that meet all of the food
preparation and safety requirements applicable to open-air barbecue
facilities.
   (4) Outdoor displays that meet all of the following requirements:

   (A) Only prepackaged nonpotentially hazardous food, uncut produce,
or both is displayed or sold in the outdoor displays.
   (B) Outdoor displays are contiguous with a fully enclosed food
establishment that is in compliance with subdivision (a).
   (C) Outdoor displays have overhead protection that extends over
all food items.
   (D) Food items from the outdoor display are stored inside a fully
enclosed food establishment that is in compliance with subdivision
(a) at all times other than during business hours.  Any food items to
be stored pursuant to this subdivision shall be stored in accordance
with subdivision (a) of Section 114080.
   (E) Outdoor displays comply with Section 114010 and have been
approved by the enforcement agency.
   (F) Outdoor displays are under the constant and complete control
of the operator of the permitted food establishment.
   (c) This section shall not be construed to require the enclosure
during operating hours of customer self-service nonpotentially
hazardous bulk beverage dispensing operations that meet the following
requirements:
   (1) The dispensing operations are installed contiguous with a
fully enclosed food establishment that is in compliance with
subdivision (a) and operated by the food establishment.
   (2) The beverages are dispensed from enclosed equipment that
precludes exposure of the beverages until they are dispensed at the
nozzles.
   (3) Ice is dispensed only from an ice maker-dispenser.  Ice is not
scooped or manually loaded into an ice dispenser out-of-doors.
   (4) Single-service utensils are protected from contamination and
are individually wrapped or dispensed from approved sanitary
dispensers.
   (5) The dispensing operations have overhead protection that fully
extends over all equipment associated with the facility.
   (6) During nonoperating hours the dispensing operations are fully
enclosed so as to be protected from contamination by vermin and
exposure to the elements.
   (7) The owner or operator of the food establishment demonstrates
to the enforcement agency that acceptable methods are in place to
properly clean and sanitize the beverage dispensing equipment.
   (8) Beverage dispensing operations are in compliance with Section
114010 and have been approved by the enforcement agency.
   (9) Beverage dispensing operations are under the constant and
complete control of the permitholder of the food establishments who
is operating the dispensing facility.
   (d) This section shall not be construed to allow outdoor displays
in violation of local ordinances.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order that restaurants in California may lawfully operate
outdoor wood-burning ovens at the earliest possible time, it is
necessary that this act take effect immediately.
